Title 37 — Title 37
0 chapters · 612 sections in this title.
Ala. Code § 37-14-1 Legislative Declarations, Findings, Etc
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The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. Among its findings are the conclusion th…
Ala. Code § 37-14-10 Authorization for Validation, Etc., of Provisions of Article; Procedure
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In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the consequence …
Ala. Code § 37-14-11 Judicial Determination of Legality, Etc., of Article - Filing of Complaint
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At any time subsequent to April 26, 1984, an affected secondary electric supplier whose distribution facilities are subject to the provisions of this article and whose facilities may be purchased pursuant to this article by a primary electric supplier may, in its discretion befor…
Ala. Code § 37-14-12 Judicial Determination of Legality, Etc., of Article - Contents of
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Complaint; Order and Notice of Hearing to Show Cause; Intervention. (a) The complaint by appropriate allegations, references and/or exhibits shall briefly state the following: the authority for the purchase and sale of distribution facilities and other transactions and restrictio…
Ala. Code § 37-14-13 Judicial Determination of Legality, Etc., of Article - Hearing; Entry of
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Judgment; Appeals. At the time and place designated in said order, the judge of said circuit court shall proceed to hear and determine all questions of law and of fact in said civil action, and he shall make such order, or orders, as to the proceedings in said civil action as wil…
Ala. Code § 37-14-14 Judicial Determination of Legality, Etc., of Article - Finality of Judgment
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If the circuit court shall enter a judgment validating and confirming the propriety of the provisions of this article and purchases and sales, other transactions and restrictions under this article and no appeal shall be taken within the time prescribed within the Alabama Rules o…
Ala. Code § 37-14-15 Judicial Determination of Legality, Etc., of Article - Costs of
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Proceedings. The court costs in any proceeding brought under this article shall be paid by the electric supplier commencing the action. History: (Acts 1984, No. 84-206, p. 314, §9.)
Ala. Code § 37-14-16 Applicability of Article
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No action shall be commenced challenging the legality or validity of the provisions of this article, or the legality or validity of a purchase and sale transaction or restriction under this article where the legality or validity of this article is in controversy in any prior pend…
Ala. Code § 37-14-17 Severability
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The provisions of this article are not severable. If any part of this article is declared invalid under the constitution or laws of this state, such declaration shall render invalid all parts which remain. Notwithstanding such invalidity, action taken by any party in conformity w…
Ala. Code § 37-14-2 Definitions
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As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise; (1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, fir…
Ala. Code § 37-14-3 Electric Service Outside Existing Municipal Limits
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Except as otherwise provided in subdivisions (2), (3), and (4) of this section in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or maintain electric distribution lines for the p…
Ala. Code § 37-14-30 Declaration of Findings and Policy; Relationship to 1984 Act
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The Legislature of the State of Alabama has investigated the economic, financial and environmental impact associated with the potential for duplication of electric distribution facilities used for the furnishing of retail electric service. It has been determined that with respect…
Ala. Code § 37-14-31 Definitions
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As used in this article the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise; (1) ELECTRIC SUPPLIER. Any municipality, municipally-owned utility or other governmental entity, any cooperative, corporation, person, firm…
Ala. Code § 37-14-32 Electric Service Outside Existing Municipal Limits
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Except as otherwise provided in subdivisions (2), (3), (4) and (6) but notwithstanding any other provision of this article, in areas outside existing municipal limits (including areas annexed to municipalities on or after April 26, 1984), no electric supplier shall construct or m…
Ala. Code § 37-14-33 Retail Electric Service Within Municipalities
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(a) Primary supplier’s option to acquire facilities within existing municipal limits. - The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail elec…
Ala. Code § 37-14-34 Resolution of Disputes as to Sales or Purchases of Facilities
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In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-32 or Section 37-14-33, the primary electric supplier involved may petition the circuit court for the judicial circuit in…
Ala. Code § 37-14-35 Applicability of Certain Provisions of Title 37
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With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of…
Ala. Code § 37-14-36 Special Rules for Elimination of Duplication
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The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies se…
Ala. Code § 37-14-37 Provision of Retail Electric Service in Violation of Article
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(a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circuit court for…
Ala. Code § 37-14-38 Validation Procedure; Authorization for Validation of Provisions of
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Article. In order to foster and encourage the underlying policies of this article and to assure that sales and purchases of distribution facilities, and other transactions and actions authorized or allowed by this article may be conducted in good faith with a knowledge of the val…
Ala. Code § 37-14-39 Effect of Any Ruling of Invalidity
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If any part of Section 37-14-32, Section 37-14-33 or Section 37-14-36 of this article is declared invalid under the constitution or laws of this state, including invalidity as a result of impairing unconstitutionally the obligations of a municipal franchise, such declaration shal…
Ala. Code § 37-14-4 Primary Supplier’s Option to Acquire Facilities Within Existing Municipal
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Limits. The primary electric supplier within each municipality shall, at its option, have the right to acquire all distribution facilities of any secondary electric supplier used to supply retail electric service within the existing municipal limits and shall have the right to se…
Ala. Code § 37-14-40 Repealer; Actions Taken Pursuant to Inconsistent Provisions
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Except as provided in this section, all laws or parts of laws in conflict with the provisions of this article are hereby repealed. In the event, as a result of a final adjudication in Dixie Electric Cooperative, et al. vs. The Citizens of the State of Alabama, et al., Civil Actio…
Ala. Code § 37-14-5 Distribution Facilities
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The term “distribution facilities” as used in Section 37-14-4 shall include distribution lines and other facilities constructed or installed by the electric supplier in the area to which the purchase option applies, for the rendering of retail electric service except (i) meters, …
Ala. Code § 37-14-6 Resolution of Disputes Regarding Purchases of Facilities, Etc
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In the event that a dispute should arise between two or more electric suppliers in connection with the purchase of distribution facilities under Section 37-14-4, the primary electric supplier involved may petition the circuit court for the judicial circuit in which the distributi…
Ala. Code § 37-14-7 Applicability of Certain Provisions of Title 37
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With respect to any sale of facilities consummated pursuant to the provisions of this article, the provisions of Section 37-1-50 shall not be applicable to such sale or to the cessation by a utility of rendering service from such facilities involved in such sale. To the extent of…
Ala. Code § 37-14-8 Exemptions
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The separate agreements listed below which have heretofore been entered into between, or negotiated between retail electric suppliers, have been reviewed by the legislature, determined to be in the public interest and found not to be inconsistent with the purposes and policies se…
Ala. Code § 37-14-9 Action for Injunction or Damages for Violation of Article Authorized;
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Procedure. (a) If an electric supplier commences construction of facilities in violation of the provisions of this article, any aggrieved electric supplier which is designated herein as the entity to provide such service (the “aggrieved electric supplier”) may petition the circui…